The legislation firm representing the group says this is the biggest ‘class action’ ever launched outdoors the United States.
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In presenting the case to the Court, neither of the Parties furnished a duplicate, authenticated or otherwise, of the decision or decisions of the Turkish tribunals or of the proceedings, including the proof, on which such determination or choices had been based mostly. In England it was once held that the place a blow was struck in one county and demise ensued in one other county, the legal couldn’t be tried in either. If the Turkish proceedings were not licensed by international legislation, Turkey acted en contradiction des principes du droit worldwide.
According to Article fifty seven of Labor Law, employee’s wage, pertaining to the period of annual go away, must be paid prematurely or by raising an advance cost prior to graduation of the leave. An worker neither can waive his proper of trip nor can s/he interact in gainful employment during this period. The Court just isn’t requested to evaluate the proceedings of the Turkish tribunals or to examine the question whether they have been in conformity with Turkish law.
It has been argued for Turkey that this question implies that France, to find a way to succeed, must level to some definite rule of worldwide legislation forbidding what Turkey did. Cannot, with any equity, be read so as to require France to supply some definite rule forbidding what was accomplished by Turkey. Otherwise they might be requested by their employer to reimburse the annual depart remuneration paid in advance.
French courts have, in regard to a big selection of conditions, given selections sanctioning this manner of deciphering the territorial precept. What it asks is just whether the Turkish Courts had jurisdiction to attempt to punish Demons; if worldwide law authorizes this, the query would be answered within the affirmative, in any other case within the unfavorable. Consequently, once it is admitted that the results of the offence were produced on the Turkish vessel, it turns into unimaginable to carry that there may be a rule of international legislation which prohibits Turkey from prosecuting Lieutenant Demons due to the fact that the author of the offence was on board the French ship. Again, the Court doesn’t know of any instances during which governments have protested in opposition to the truth that the legal law of some country contained a rule to this effect or that the courts of a rustic construed their felony regulation on this sense. In the identical order of thought however from one other viewpoint, I find equally menacing to the rights of man the declare to apply the identical rules as may be fair in the case of most true offences, to an involuntary offence even if its injurious results went as far as to cause the dying of a person. What I am unable to accept in this case is the appliance of jurisdictional rights which would result in the jurisdictional constraint which I have described. This impotent end result was due to the technique of procedure, underneath which the grand jury may know only what took place in its own county; and so as to remedy the defect the Statute of 2 and three Edw. The incompatibility of such software with the rights to which I even have simply referred continues to be greater when the alleged act arises from a mistake, which, as is incessantly the case in collisions, has not maybe been committed by a single particular person on board one of many vessels, however by totally different persons on board both ships in collision.